shall be made by the said board of commissioners upon the recorded plat of said town of Chicago, as directed in the aforesaid act.

Approved, February 17, 1841.


An ACT authorizing the canal commissioners to sell land in certain

In force, Feb.

27, 1841. Sec. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the canal commis- Canal lands sioners shall be authorized to locate and sell canal land in or in or near Junear Juliet, on the west side of the river, and not exceeding liet may be

. two acres to Martin H. Drummond, Levi Jenks, and Thomas Allen, in trust for the sole purpose of a burying ground. Sec. 2. The trustees aforesaid may, after the purchase, Burial ground

shall be enclocause the said burying ground to be enclosed, to be and for- sed. ever remain a place for burying the dead, and shall be open at all times for that purpose: Provided, The said trustees Proviso. may stake off certain lots and pieces and sell the same to families as exclusive spots for the interment of their friends.

Sec. 3. The money received for parts of the ground so Monies laid off, shall be expended by the trustees in enclosing such pended to enburying ground, and for things connected therewith, or pay

close grounds ing for the same to the canal commissioners.

Sec. 4. Joel A, Mattison, A. W. Bowen and Uri Osgood, Ground east shall be authorized to buy in trust of the canal commissioners side of river. a piece of ground on the east side of the river in Juliet, not exceeding two acces, and have the same powers and for the same purpose, as a burying ground, as is mentioned in the preceding sections and no more. How To houses ei os Approved, February 27, 1841.

*7 9 LA PELOS DE 940 W 5 Ton TV

Wilt 13 1940'Ting To Buy ons! 10 9 19 to joista An ACT for the relief of purchasers of canal lots in Chicago and Ottawa al? 0? Estoun in 1836.

In force, Feb.

27, 1841. Sec. 1. Be it enacted by the People of the State of Illinois, o represented in the General Assembly, That all persons who have heretofore purchased any of the property belonging to an ei fsh the canal, any of the canal lands, or any of the lots in any town, sold by authority of the State, and who have made advances to the State by way of payment for the same, and who have by any means forfeited the same by not complying with the other stipulations of the contract, shall be entitled to the relief hereinafter granted, upon the conditions hereinafter Purchasers mentioned, that is to say, every person who has paid any may select money upon such purchases, shall first ascertain the amount lands, from the proper authority, and next he shall have or procure to be described the particular lot or land upon which



payment shall have been made, and shall be allowed the right to select so much of his original purchase at his option as the said payments will cover, deducting from the original price stipulated for, thirty-three and one-third per centum.

Sec. 2. Said purchaser shall relinquish all claim to the Purchaser shall relin.

lots or lands which he does not choose to purchase, and in quish lands to writing make his selection koown to the board of canal com ·

missioners, who are hereby authorized and required to procure and deliver to such purchaser a deed or patent for the same, agreeable to the laws now in force for patenting lands

and lots sold by canal commissioners. Balance how SEC. 3. If any balance shall be due to the canal fund, the paid.

same shall be promptly paid at the rate aforesaid; but it shall in iso case be allowed that the said board shall issue scrip of forfeited payments that may in any event become currency for the payment of any other lands or lots belonging to the canal at any other than the amount of purchase, but that the same balance, if any, shall be liquidated by the conveyance of lands or lots originally sold, and at the original amount or price given at the time of purchase, with the deduction

before mentioned. Part of lot may be relin

Sec. 4. That it may be lawful for any purchaser to requished.

linquish a part of a lot by fourths, or halves, in proportion to the depreciated value heretofore fixed by this act, but not by any other mode than leaving to the State as much front as rear, and in all cases of the relinquishment of lands, other than town lots, the same shall be done in pursuance of the legal subdivisions of the United States' surveys, and not less than forty acres, nor shall the commissioners transfer any lands, not town lots, by any other description than by such

legal subdivisions. Payment may be placed on

Sec. 5. It may be lawful for any purchaser as aforesaid, other to place his payment which has been so forfeited, on one piece

of land, not a town lot, or one or more town lots, or such particular lot or piece of land as he may deem proper at the original purchase price, with the deduction as aforesaid, but in no case shall it be allowed to any such purchaser to place this

payment on any other lands or lots, at any other price or Record of pro

valuation than as before mentioned. ceedings un- SEC. 6. The canal commissioners shall keep a just and der this act. full record of all proceedings under this act, and report the

same to the next meeting of the general or special session of

this Legislature. Rights may be Sec. 7. The rights of the purchasers under the provisions transferred.

of this act may be the subject of transferin writing, signed by Proviso.

the purchaser, or his legal representative, which shall be filed and recorded by the board: Provided, however, That the benefits and relief extended by the provisions of this act shall not embrace any land or town lots wbatever except the town lots sold by the commissioners of the Illinois and Michigan canal in the towns of Chicago and Ottawa in the year one

land than lot.

thousand eight hundred and thirty-six, being for the relief and benefit of those purchasers and none others.

Approved, February 27, 1841.


of the proper

An ACT to prevent the unlawful driving away of cattle and other stock by drovers and others.

In force June

1, 1841. Sec. l. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That wheneverany drover or other person or persons engaged in driving horses, cattle, mules, hogs or sheep through any part of the State of Illinois, Illinois, shall drive off, or shall knowingly and willingly suffer or Persone dripermit to be driven off from the premises of any citizen of said ving stock forState, or from the range in which the stock of any such citizen ther than five usually run, to any distance exceeding five miles from such miles, may be

reclaimed by remises or range, any horses, mules, neat cattle, hogs or owner. sheep belonging to such citizen, it shall be lawful for the owner of any such stock so driven off, to follow and reclaim the same wherever it may be found, and for the taking and driving away, or suffering or permitting to be driven away of such stock, the said owner shall be entitled to recover of and from said drover or other person or persons guilty thereof

, driving away! for each head of horses, mules, neat cattle, hogs or sheep, so driven

away, twice the value thereof, to be recovered in an action of debt before any justice of the peace of the county, or any court having competent jurisdiction thereof; Provided, however, That if the drovers shall not pass any habitation within said five miles, and shall separate said cattle or other stock from the drove at the next habitation, in such case, said action shall not accrue to the owner of the said property. Sec. 2. In any action commenced under the first section

Actions under of this act a capias may issue against the defendant or defen- this act. dants, upon the plaintiff stating on oath that he believes some one or more of his cattle or other stock has been driven off by a drover, and that he believes the same to be of a certain value, to be endorsed on the writ, and the proceedings thereon shall be the same as in other actions commenced by capias: Provided, however, That no exception shall be taken Proviso. to the form of the oath aforesaid.

SEC. 3. Whenever judgment shall be rendered against any person or persons, under the provisions of this act, by Under judgany justice of the peace, a fi. fa. may issue thereon against may issue. the goods and chattles of any such defendant or defendants, without affidavit as required in other cases. This act to take effect from and after the first day of June next.

Approved, Feb. 3, 1841.

An ACT to extend the time for taking an enumeration of the inhabitants

of this State. In force, Jan. 7, 1841.

Sec. 1. Be it enacted by the People of the State of Illinois, Commis'rs to

represented in the General Assembly, That all persons appointtake State ed by the county commissioners' courts of the several councensus allow- ties of this State, to take the census or enumeration of the ed time to ja inhabitants of any county, shall have until the first day of to make re-January, in the year of our Lord one thousand eight hundred

and forty-one, for the purpose of taking and completing such enumeration cr census and making the returns thereof, as directed by an act to provide for the taking of the census or enumeration of the inhabitants of the State, approved January thirteenth, one thousand eight hundred and twenty-nine, and the pains and penalties of the said last recited act sball not accrue against the persons taking such census or enumeration until after the aforesaid first day of January,

Approved, January 7, 1841.


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An ACT to incorporate the City of Nauvoo. In force, Feb.iü 1, 1841. Sec. lo Be it enacted by the People of the State of Illinois,

represented in the General Assembly, That all that district of { country embraced within the following boundaries, to-wit:

beginning at the north-east corner of section thirty-one, in

township seven north of range eight, west of the fourth prinBoundaries of cipal meridian, in the county of Hancock, and running

thence west to the north-west corner of said section, thence

north to the Mississippi river, thence west to the middle of Lithe main channel of the said river, thence down the middle

of said channel to a point due west of the south-east corner of fractional section number twelve, in township six north, of range nine, west of the fourth principal meridian, thence east to the south-east corner of said section twelve, thence north on the range line between township six north and range eight and nine west to the south-west corner of section six, in township six north, of range eight west; thence east

to the south-east corner of said section; thence north to the plats of complace of beginning, including the town plats of Commerce

and Nauvoo, shall hereafter be called and known by the name Nauvoo

of the "City of Nauvoo," and the inhabitants thereof are bereby constituted a body corporate and politic by the name aforesaid, and shall have perpetual succession, and may have and use a common seal, which they may change and alter at

pleasure. Lots adjoin

Sec. 2. Whenever any tract of land adjoining the city ing the city of Nauvoo shall have been laid out into town lots and duly

recorded according to law, the same shall form a part of the “City of Nauvoo."

merce and

Sec. 3. The inhabitants of said city, by the name and Corporate style aforesaid, shall have power to sue and be sued, plead powers and be impleaded, defend and be defended, in all courts of law and equity, and in all actions whatsoever; to purchase, receive and hold property, real and personal, in said city, to purchase, receive and hold real property beyond the city for burying ground or for other public purposes for the use of the inhabitants of said city; to sell, lease, convcy or dispose of property, real and personal, for the benefit of the city; to improve and protect such property, and to do all other things in relation thereto as natural

persons. SEC. 4. There shall be a city council to consist of a may-City council or, four aldermen and nine councillors, who shall have the qualifications of electors of said city, and shall be chosen by the qualified voters thereof, and shall hold their offices for two years, and until their successors shall be elected and qualified. Term of office The city council shall judge of the qualifications, elections and returns of their own members, and a majority of them shall form a quorum to do business, but a smaller number may Quorum adjourn from day to day, and compel the attendance of absent members under such penalties as may be prescribed by ordinance.

Sec. 5. The mayor, aldermen and councillors, before en-Oficers to tering upon the duties of their offices, shall take and sub. take oath scribe an oath or affirmation that they will support the Constitution of the United States and of this State, and that they will well and truly perform the duties of their offices to the best of their skill and abilities.

Sec. 6.., On the first Monday of February next, and every Annual electwo years thereafter, an election shall be held for the election tion of one mayor, four aldermen, and nine councillors, and at the first election under this act, three judges shall be chosen viva voce by the electors present, the said judges shall choose two clerks, and the judges and clerks, before entering upon their duties, shall take and subscribe an oath or affirmation such as is now required by law to be taken by judges and clerks of other elections; and at all subsequent elections, the necessary number of judges and clerks shall be appointed by the city council

. At the first election so held the polls closing polls shall be opened at nine o'clock, A. M., and closed at six o'clock, P. M., at the close of the polls the votes shall be counted, and a statement thereof proclaimed at the front door of the house at which said election shall be held; and the

Certificates of clerks shall leave with each person elected, or at his usual election place of residence within five days after the election, a written notice of his election, and each person so notified, shall within ten days after the election take the oath or affirmation herein before mentioned, a certificate of which oath shall be deposited with the recorder, whose appointment is hereafter provided for, and be by him preserved, and all subsequent elections shall be held, conducted and returns thereof

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